House
Study
Bill
602
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
SECRETARY
OF
STATE
BILL)
A
BILL
FOR
An
Act
concerning
the
review,
approval,
and
establishment
of
1
county
supervisor
districting
plans.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
49.8,
subsection
4,
Code
2011,
is
amended
1
to
read
as
follows:
2
4.
If
city
population
data
certified
by
the
United
States
3
bureau
of
the
census
following
the
federal
decennial
census
4
is
revised
and
the
revision
is
certified
by
the
United
5
States
bureau
of
the
census,
such
revisions
may
be
used
6
to
revise
precinct
and
ward
boundaries
in
accordance
with
7
the
requirements
of
sections
49.3
and
49.5
.
The
board
of
8
supervisors
shall
determine
whether
such
revised
population
9
data
affects
the
population
equality
of
supervisor
districts.
10
If
necessary,
the
temporary
county
redistricting
commission
11
shall
be
reconvened,
notwithstanding
section
331.210A,
12
subsection
4
,
and
supervisor
districts
shall
be
revised
13
in
accordance
with
the
requirements
of
section
331.210A,
14
subsection
subsections
2
and
2A
.
15
Sec.
2.
Section
68B.32A,
subsection
16,
Code
2011,
is
16
amended
by
striking
the
subsection.
17
Sec.
3.
Section
331.209,
subsection
4,
Code
2011,
is
amended
18
by
striking
the
subsection.
19
Sec.
4.
Section
331.210A,
subsection
2,
paragraph
e,
Code
20
2011,
is
amended
by
striking
the
paragraph.
21
Sec.
5.
Section
331.210A,
subsection
2,
paragraph
f,
22
subparagraph
(4),
Code
2011,
is
amended
to
read
as
follows:
23
(4)
The
governing
body,
after
approving
a
plan,
shall
comply
24
with
the
requirements
of
paragraph
“e”
subsection
2A
.
25
Sec.
6.
Section
331.210A,
Code
2011,
is
amended
by
adding
26
the
following
new
subsection:
27
NEW
SUBSECTION
.
2A.
Review
and
approval
of
plans.
28
a.
The
plan
adopted
by
the
board
of
supervisors
as
provided
29
in
subsection
2
shall
be
submitted
to
the
state
commissioner
of
30
elections
for
review
and
approval.
To
facilitate
this
review,
31
each
applicable
temporary
county
redistricting
commission
32
shall
notify
the
state
commissioner
of
elections
when
the
33
boundaries
of
supervisor
districts
will
be
changed
or
newly
34
divided
pursuant
to
a
change
in
the
county
representation
plan,
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shall
provide
documentation
as
to
when
the
board
of
supervisors
1
approved
the
new
supervisor
district
plan,
shall
provide
a
map
2
delineating
the
new
boundary
lines,
and
shall
certify
to
the
3
state
commissioner
of
elections
the
populations
of
the
new
4
supervisor
districts
as
determined
under
the
latest
federal
5
decennial
census.
6
b.
(1)
The
state
commissioner
shall
reject
a
county
7
supervisor
districting
plan
submitted
to
the
state
commissioner
8
if
a
valid
petition
requesting
that
the
legislative
services
9
agency
prepare
the
supervisor
districting
plan
for
the
county
10
is
filed
with
the
state
commissioner
of
elections,
on
a
form
11
prescribed
by
the
state
commissioner,
within
thirty
days
after
12
the
plan
is
approved
by
the
board
of
supervisors.
For
purposes
13
of
this
subparagraph,
a
petition
is
a
valid
petition
if
signed
14
by
eligible
electors
of
the
county
equal
in
number
to
at
least
15
two
percent
of
the
total
votes
cast
in
the
county
for
the
16
office
of
governor
at
the
last
preceding
general
election
17
for
governor.
In
addition,
the
petition
shall
include
the
18
signatures
of
the
eligible
electors,
a
statement
of
their
place
19
of
residence,
and
the
date
on
which
they
signed
the
petition.
20
If
a
date
of
signature
on
a
petition
is
a
date
prior
to
the
date
21
the
board
of
supervisors
approved
the
plan,
the
signature
shall
22
not
be
counted.
23
(2)
Upon
determining
that
a
valid
petition
has
been
24
filed
with
the
state
commissioner,
the
state
commissioner
25
shall
direct
the
legislative
services
agency
to
prepare
a
26
supervisor
districting
plan
for
the
county.
The
legislative
27
services
agency
shall
draw
the
plan,
based
to
the
extent
28
possible
upon
the
precinct
plan
adopted
and
approved
by
the
29
state
commissioner
for
use
by
the
county,
in
accordance
with
30
the
standards
of
section
42.4,
to
the
extent
applicable,
and
31
such
other
legal
requirements
applicable
to
county
supervisor
32
districts.
The
legislative
services
agency
shall
submit
the
33
plan
to
the
state
commissioner
who
shall
impose
the
plan
on
the
34
county.
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c.
(1)
If
a
valid
petition
as
provided
by
paragraph
“b”
is
1
not
filed
with
the
state
commissioner,
the
state
commissioner
2
shall
review
the
plan
submitted
and
shall
approve
the
plan
if
3
the
plan
meets
the
standards
of
section
42.4
and
such
other
4
legal
requirements
applicable
to
county
supervisor
districts
5
and
precincts.
6
(2)
If
the
state
commissioner
finds
that
the
plan
does
7
not
meet
the
standards
of
section
42.4
and
such
other
legal
8
requirements
applicable
to
county
supervisor
districts
or
9
precincts,
the
state
commissioner
shall
reject
the
plan,
and
10
the
board
of
supervisors
shall
direct
the
commission
to
prepare
11
and
adopt
an
acceptable
plan.
If
it
is
necessary
for
the
12
temporary
county
redistricting
commission
to
make
subsequent
13
attempts
at
adopting
an
acceptable
plan
because
the
initial
14
proposed
district
or
precinct
plan
has
been
rejected
pursuant
15
to
this
subparagraph,
the
subsequent
plans
do
not
require
16
public
hearings.
17
d.
Upon
failure
of
a
temporary
county
redistricting
18
commission
to
make
the
required
changes
in
supervisor
district
19
boundaries
by
the
dates
specified
by
sections
331.203,
20
331.204,
and
331.209
as
determined
by
the
state
commissioner
of
21
elections,
the
state
commissioner
of
elections
shall
make
or
22
cause
to
be
made
the
necessary
changes
as
soon
as
possible,
and
23
shall
assess
to
the
county
the
expenses
incurred
in
so
doing.
24
The
state
commissioner
of
elections
may
request
the
services
of
25
personnel
and
materials
available
to
the
legislative
services
26
agency
to
assist
the
state
commissioner
in
making
required
27
changes
in
supervisor
district
boundaries
which
become
the
28
state
commissioner’s
responsibility.
29
Sec.
7.
Section
331.210A,
subsection
4,
Code
2011,
is
30
amended
to
read
as
follows:
31
4.
Termination.
The
terms
of
the
members
of
the
temporary
32
county
redistricting
commission
shall
expire
twenty
days
33
following
the
date
the
county’s
supervisor
district
plan
and
34
corresponding
precinct
plan,
if
applicable,
are
approved
or
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imposed
by
the
state
commissioner
of
elections
under
sections
1
section
49.7
and
331.209
this
section
.
2
Sec.
8.
Section
331.248,
subsection
2,
paragraph
h,
Code
3
2011,
is
amended
to
read
as
follows:
4
h.
Provide
for
a
representation
plan
for
the
governing
body
5
which
representation
plan
may
differ
from
the
representation
6
plans
provided
in
section
331.206
and
in
chapter
372
.
If
the
7
plan
calls
for
representation
by
districts
and
the
charter
8
has
been
approved
in
a
county
whose
population
is
one
hundred
9
eighty
thousand
or
more,
the
plan
shall
be
drawn
pursuant
to
10
section
331.210A,
subsection
2
,
paragraph
“f”
.
The
initial
11
representation
plan
for
such
a
county
shall
be
drawn
as
12
provided
in
section
331.210A,
subsection
2
,
paragraph
“f”
,
13
within
one
hundred
twenty
days
after
the
election
at
which
the
14
charter
is
approved.
For
the
initial
representation
plan,
15
the
charter
commission
shall
assume
the
role
of
the
governing
16
body
for
purposes
of
this
paragraph
and
,
section
331.210A,
17
subsection
2
,
paragraphs
“d”
through
and
“f”
,
and
section
18
331.210A,
subsection
2A
.
19
EXPLANATION
20
This
bill
concerns
county
supervisor
districting
plans.
21
Under
current
law,
following
adoption
by
the
county
22
supervisors
of
a
county
supervisor
districting
plan,
an
23
eligible
elector
from
the
county
may
file,
within
14
days
of
24
adopting
the
plan,
a
complaint
with
the
state
commissioner
of
25
elections
(the
secretary
of
state),
alleging
that
the
plan
was
26
drawn
for
improper
political
reasons.
Once
filed,
current
law
27
provides
that
the
complaint
be
forwarded
to
the
ethics
and
28
campaign
disclosure
board
for
a
determination
of
whether
the
29
plan
was
improperly
drawn.
30
The
bill
eliminates
the
complaint
process
relative
to
31
the
ethics
and
campaign
disclosure
board.
Instead,
the
bill
32
provides
that
if
following
the
adoption
of
a
county
supervisor
33
district
plan
a
valid
petition
is
filed
with
the
commissioner
34
of
elections,
the
state
commissioner
shall
reject
the
plan
and
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direct
the
legislative
services
agency
to
draw
a
plan.
The
1
bill
provides
that
the
petition
shall
be
filed
within
30
days
2
after
the
adoption
of
the
plan
and
shall
be
signed
by
eligible
3
electors
of
the
county
equal
in
number
to
at
least
2
percent
of
4
the
total
votes
cast
for
the
office
of
governor
in
the
county
5
at
the
last
preceding
general
election
for
governor.
To
be
6
counted,
a
signature
shall
not
be
dated
prior
to
the
date
the
7
board
of
supervisors
approved
the
plan.
The
bill
provides
that
8
once
the
state
commissioner
determines
that
a
valid
petition
9
has
been
filed,
the
legislative
services
agency
shall
draw
a
10
county
supervisor
districting
plan
that
shall
be
imposed
on
the
11
county
by
the
state
commissioner.
12
The
bill
makes
additional
changes
to
relocate
provisions
13
relative
to
the
consideration,
review,
approval,
and
14
imposition
of
county
supervisor
districting
plans
by
the
state
15
commissioner
of
elections
to
Code
section
331.210A.
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